Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I own a large,eclectic collection of old/very unusual cars-most with high profile provenance; slowly collected from all over the world..
About 2yrs ago, I put 20 into open storage locally-whilst moving, and have had nothing but trouble since.
The landlord often claimed non receipt of rent-even when cash was paid into his account, at his branch. I (& my colleagues) often had to visit & hand him cash personally-as the seemingly only acceptable route.
I stated last Autumn that I'm 7 payments over (ie doubled up), wished to remove my cars & store elsewhere (undercover).
From that point on -I've been denied access- from screaming women to large trucks parked in front. Several have clearly been damaged.
This week his bailiff got in touch to tell me that I have to pay £2500 (£2k + costs) within 7 days or he will remove & sell them all.
No Court Order -nothing legal at all. Whilst I cannot physically stop them:-
How can they do that?
Why -when their total value is many many times the debt- must they ALL be sold.?
Can I stop it?
I've asked the landlord to sue me-he won't. (He cant win)
I cann go to law-but it'll take time-& I dont want to loose these vehicles.
Because they've been sitting, outside, all winter, & they'll have no clue as to value, I'm afraid they'll be sold for peanuts.
Additionally-they've made it quite clear that they will not tell me where/when they'll be auctioned.
Not an expert Nigel, but commercial landlords have the right to employ bailiffs to seize goods on their premises if the tenant is (i believe, just one day late!) with rent. I don't think they need a court order.
However, you obviously were not behind. You were ahead.
Can you prove the payments with paying in receipts?
Do you know the dates and amounts?
Did you have a lease?
In whose name is the lease?
Are you the owner of the cars or just registered keeper?
I can probably find the paying in slips-but they go back months.
The story changes hourly-he's claiming 6 missing payments- i've got at least 7 overpaid!
I am the owner of most, & the keeper of several. These include 3 for my son -currently in Afghanistan, & 3for a french colleague -parked overhere during an unhappy divorce!
Nolease-informal agreement to rentsome space throughout last summer. Wanted them out before winter....
Its not a business- just a hobby,that pays for itself.
I must emphasize again, I'm not a lawyer (yet) and i am speaking purely from my layman's knowledge and experience of commercial leases & business in general.
The less your arrangement looks like a commercial lease, and the more a business (the landlord) providing a customer (you) a storage service, all the better for you.
I think he's trying to abuse the laws on lease forfeiture - on commercial leases only.
You will definitely need legal help Nigel, but you need to go into it on the correct footing.
I strongly suggest you make use of a solicitor that gives an hours free consultation, many of them offer this service.
Bailiff acting unilaterally?
got in touch to tell me that I have to pay £2500 (£2k + costs) within 7 days or he will remove & sell them all.
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